Ex parte SCHUMACHER - Page 7




          Appeal No. 99-0629                                         Page 7           
          Application No. 08/778,059                                                  


               manner, dart 34 is frictionally secured within                         
               portion 50.  Moreover, chamber 34 [sic, 32] also                       
               includes a dart discharge member 52 having a first                     
               portion 54 which is longitudinally deployed within                     
               chamber 32 and a second flanged portion 56 which is                    
               coupled to a spring 58.  As shown, portion 58 [sic,                    
               56] further includes an outwardly and horizontally                     
               projecting portion 60 having a recessed portion 61                     
               which is in selective engagement with member 64.                       
               Member 64 is pivotally deployed within chamber 32                      
               and includes a rounded portion 66 which is adapted                     
               to substantially encircle thumb 20.                                    
                    In operation, member 56 is pushed or biased                       
               against spring 58 before dart 34 is deployed within                    
               chamber 32.  After such biasing has occurred, member                   
               64 is moved to a first locking position in which                       
               portion [sic, member] 64 engages and is contained in                   
               recessed portion 61 thereby preventing the biased                      
               spring from moving member 56 within the chamber 32.                    
               Subsequently, dart 34 is frictionally deployed                         
               within portion 50 of chamber 32.  When it is desired                   
               to shoot or discharge dart 34, portion 66 is moved                     
               downward thereby disengaging portion 61 from portion                   
               60 [sic, member 64].  Upon such disengagement,                         
               biased spring 58 pushes member 56 in a longitudinal                    
               manner within chamber 32.  Such movement, shown in                     
               phantom in FIG. 5, causes air residing within the                      
               chamber to be compressed and to force dart 34                          
               outward from apparatus 10.  In a similar manner,                       
               each of the other darts 24-30 may be concurrently or                   
               successively dispensed or shot from apparatus 10 by                    
               the movement of identical portions 66 within each of                   
               the other chambers 24-30 [column 2, lines 19 through                   
               52 of U.S. Pat. No. 5,359,985].                                        

               Notwithstanding that the term "trigger" does not appear                
          in the appellant's specification, we are satisfied that one of              








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